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Zach Witman is innocent. Set him free now. (column)

Lonnie Soury
Published 1:13 p.m. ET Nov. 30, 2017

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At 15 years old, Zachary Witman was charged with murdering his brother and eventually sentenced to life in prison without parole. But a U.S. Supreme Court ruling holds mandatory life without parole sentences for juveniles unconstitutional.
Sean Heisey, York Daily Record

Is it now time, and long overdue, to put an end to the terrible tragedy that the Witman family has experienced over the past 20 years. It is time to bring some measure of peace to the grieving of Sue and Ron Witman over the horrible murder of their son Greg, and wrongful conviction and incarceration of their son Zachary.

It is time for the court to step up and grant Zach his freedom; years after the United States Supreme Court found that his sentencing, and hundreds of other juveniles in the state, to life without parole, was unconstitutional. My God, what are the Pennsylvania State Supreme Court judges waiting for? Justice must be served, after injustice and tragedy has reigned for the past two decades in this case.

I have never worked on a matter that was sadder, more troubling, and disturbing than the murder conviction of Zach Witman. So sad that a beautiful, 13-year-old boy, brother and son was brutally murdered in his home as he returned from school. Troubling that his older brother, 15-year-old Zachary, was selected by police as the perpetrator without any semblance of a proper investigation. Disturbing that the prosecution kept evidence of Zachary’s innocence from his defense, and that the attorneys for Zachary were so inept and ineffective that they failed to introduce even one expert witness to provide testimony while the case was based primarily on forensic evidence.

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A $100,000 reward leading to the freedom of Zachary Witman was announced by Ron and Sue Witman during a press conference hoping to bring to light to wrongful convictions. (2013 archive)
Paul Kuehnel

One need only read a report by an FBI forensic expert who prepared a comprehensive and detailed report that raised very serious questions about the murder investigation into the killing of Greg Witman, and the guilt of Zachary. In the scientific journal article, the author cites significant problems with the police investigation of the murder.

Police failed to cover their shoes or hands while walking through the house and allowed non-police personnel into the house. At least 25 people trooped in and out of the house on the evening of the murder, without wearing protective clothing to preserve the integrity of the crime scene.

The crux of the state’s case was the result of Luminol testing which they said led to where the knife and gloves were buried. According to testimony by Dr. Henry Lee, famed forensic scientist, “An expert in Luminol would discredit any testimony about the so called blood trail…”

The police failed to effectively canvass the neighborhood, contacting only 12 of 92 homes in the blocks surrounding the crime scene. There was no motive, as the two boys were very close and loved and protected one another, according to friends, family members and neighbors.

There was no blood trail inside or outside of the home that was linked to Zachary, and no blood found on towels or in the drains. Police found bloody gloves and a knife buried outside of the house in a mound of dirt, approximately 10 hours after they arrived at the crime scene. Greg’s blood was found on both the penknife and gloves, but there was none of Zach’s blood, DNA or fingerprints on either when tested by the state of Pennsylvania. In fact, every item of evidence collected excluded Zachary as a source of DNA.

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Knife expert George Matheis examines the type of weapon that police say was used to kill Greg Witman in 1998 in an archive video from December 2014. Greg's brother, Zach Witman, was convicted of the murder and is currently in prison for the crime.
Kate Penn

Zachary was never in any trouble at home or at school. He was tested for drugs, alcohol and mental illness by authorities, all of which proved negative. Nevertheless, police concluded immediately that Zach was the perpetrator.

According to the comprehensive forensic science review of the case, “…findings indicate that no conclusive scientific evidence exists that which signify Zachary committed this crime.” See http://bit.ly/2zShrx8

As one of his appellate attorneys said, “Zach Witman did not murder his brother. He was a convenient target of police because he was home. Everything about this case, from the failure of the police to adequately investigate the murder, the presentation of false science at trial to incriminate Zach, and the complete failure of his trial attorney to introduce expert testimony, led to a perfect storm of a wrongful conviction.”

Nothing will bring Greg back to his family, but Zach can be returned home, and a terrible wrong be addressed. It is time for the men and women of the Pennsylvania Supreme Court to do the right thing.

Lonnie Soury is co-founder of Families of the Wrongfully Convicted, a wrongful conviction advocacy group, who worked with investigators in a review of the conviction of Zachary Witman.